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Home My WebLink AboutBy-law 3885/91THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3885/91 Being a by-law to authorize the execution of a Transfer of storm sewer easement from John Boddy Developments Ltd. to The Corporation of the Town of Pickering over Part Lots 1 and 2, Plan 40M-1652, Pickering (Parts 1 and 2, Plan 40R-13446). WHEREAS The Corporation of the Town of Picketing requires storm sewer easements over Part Lots 1 and 2, Plan 40M-1652, Pickering, for the purpose of draining storm water through Plan 40M-1652, Pickering, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easement, in the form attached hereto as Schedule A, from John Boddy Developments Ltd. to The Corporation of the Town of Picketing over those parts of Lots 1 and 2, Plan 40M-1652, Picketing, designated as Parts 1 and 2, Plan 40R-13446. BY-LAW read a first, second and third time and f'mally passed thisl. 8 th day of November, 1991. Bruce Taylor, ~lerk AS 'fO New Prope~b/ Identifiers Exee~tlen~ Additional; See Schedule [] I IClll~IICllkt'~'CU 1,71 L-tlIIU SCHEDULE A Fo~ 1 -- Lend Reglslmtlen Reform Act, 1~4 La~td Tltle~ t) Pege 1 of _~',2,./ ~ages ~3) Propm'ty Block Property Id~ntl~er(s) (4) ~etk)n Ten .................... OD.are $10.00 (5) Delcdptlofl This is a: Property Property Division [] Consolidation Firstly: Part Parcel 1-1, Section 40M-1652, Town of Pickering, Regional Municipality of Durham, Being Part Lot 1, Plan 40H-1652 more particularly described as Part 2 on Reference Plan 40R-13446; Part Parcel 2-1, Section 40H-1652, ickering, Regional Municipality of Durham, Being Part Lot 2, Plan 40H-1652, ~re particularly described as Part 1 on Reference Plan No. 40R-13446. (6) Thll (a) Rede~cription (b) Schedule for: (7) Inlem~L/Ellate Tmmferred D~ N~ Ea~nt A~ional F~ Simp~ ~m P~ketch ~ ~ ~ri~ion ~ Pa.i. ~ ~r ~ Easement (8) Trens~ero~l) The trans~ror hereby tre~fem the land to t~ transfer~ ~ .............................................. Erica.~..Erlach ................ ~ ...... ~ ..... (c/s) Co~t roller ~ '19) S~u~) of Tmnl~ro~s) I ~y con~nt 1o this tran~ion Date of Signature Name(s) Signature(s) Y M D :10) Transferor(i) Adclre~ forS~ 20 Bamburgh Circle, Suite 100, Scarborough, Ontario, M1W 3Y5 (11) Transferee{a) Date of Bi~lh Y M Uayr, e Arthurs, Mayor ''' :; ...... ?'' ~''' Bruce Taylor, Clerk 'i' ' :''' 12) Tran~ef'ee~s) Addre# forSaf'vtce 1710 Kingston Road, Pickering, Ontario, L1V 1C7 < (13) Trllnlfero~l) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene sechon 49 of me Planning Act, 1~. Date of Signature Date of S~gnature O Y M D Signaure ......................... ~ ...... L.. ~... Signature ........................... ~ ...... ~... ~ ~ J (14) ~ ~ Tm~) I ha~ investigat~ t~ title to this land and to abuffing lend...w~m~ ~ relevant and I am ~tisf~ t~t the t~tle r~ords ~l A~r~ of Y . M D ~I [ Signature .......................... ~ ...... ; .... . · -, Box 25, Co~erce Court ~est Toronto, ~tario - 173 {12/84) Fo~I $ -- Land Registration Reform Act, 19~4 I~ro~erty I~tentlfler(a) amt/or Other Information INTEREST/ESTATE TRANSFERRED The Transferor hereby transfers to the Transferee the free, uninterrUpted and unobstrUcted right and easement to constrUct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted hereby, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practicable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further ~ssurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and maintaining storm drainage works. 0147w/37 Affidavit of Residence and of Value of the Consideration Pnrt I rite 1 nnd ?, Plan d.01~.l 6~i?, Pi~kerin~ (Part~ J_ and 2, Plan Inhn Rnddy I'~veln,nmenrs I C_M_. Ti_mothy Sheffield MAKE OATH AND SAY THAT: T~,, Co~or,_t,_'on ,,f the To~ of P~ckering None 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies pa~d or to be pa~d ~n cash $ (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Totalof(a) to [f]) $ 10f~) Nil Nil Nil Nil Nil Nil $ 10.00 Nil Nil 101~ No relationship between transferor andxzansferee ~er of storm sewer easement pursuant to ~uhdivi~ioQ._Agmement reqnirement~ Sworn before me at the Town of Pickering ~o th, Regional Municipality of Durham this 15th day ot October ~9 91 C.M. Timothy S~effield Property Information Record Describe nature of instrument Transfer/Deed of Land (i) Address of property being conveyed (ffavaflabte) ~a (ii) Assessment Roil No (ifavaaat)te) [~a Mailing address(esl for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction One The Esplanad~PJ. ckering, Ontario LIV 6K7 (ii) Legal description of property conveyed Same as in Oil) above Yes [] C.M. Timothy Sheffield. Town Solicitor Town of Picl~ering, One ThLE~planad¢ Picketing. Ontario. LIV 6K7 NO [] NOt k~own [] For Land Registry Office use only REGISTRATION NO Land Registry Office No Registration Date SUBJECT PROPERTY of Pickering PLANNING De~,io~Jo. PART LOTS 25 8~ 26, CONC. 2 JOHN BODDY DEV. I o.to NOV. 5/87 ~. A64/87~ 18T-87071' I s~,,~,, I' 7500 DEPARTMENT IDrawn By S. 8 Checked 8y The Town of Pickering LEGAL SERVICES DEPARTMENT John Boddy Developments Ltd. Plan 40N-1652 - Transfer of Storm Sewer Easements PART OFLOTS 2_5 AND 26 Ct~CESSION TOWN OF 'PICKERING REGIONAL MUNICIPALITY OF DURHAM , ( FORMERLY TOWNSHIP OF PICKERING, COUNTY OF ONTARIO ) ~1 SCALE hlO00 / Marshell Macklin Monaghon /' Ontario Limited ~ .....~/ The To~n o~ Picketing